The reason for the stop
Police need reasonable suspicion to pull you over. If the stop was unlawful, evidence gathered afterward may be suppressed.
Serving Frisco, Collin County & Denton County
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A DWI arrest can feel like your life has been put on hold. It hasn’t. Since 2015, Al Rowland has helped drivers in Frisco and across Collin and Denton Counties challenge DWI charges, protect their driving privileges, and move forward.
Frisco police patrol some of the busiest corridors in North Texas, including the Dallas North Tollway, the Sam Rayburn Tollway (SH-121), US-380, and Preston Road, and they make DWI arrests every week near the restaurants and entertainment venues around The Star, Frisco Square, and Legacy West.
Under Texas Penal Code §49.04, the State must prove you were intoxicated, meaning you either lacked the normal use of your mental or physical faculties because of alcohol or drugs, or had a blood alcohol concentration of 0.08 or higher. Those are two different theories, and officers often get the details wrong on both.
Every DWI arrest starts two separate cases: a criminal case in the county courts, and an administrative case with the Texas Department of Public Safety over your driver’s license. We handle both from day one.
If you failed or refused a breath or blood test, the officer likely took your license and served you with a notice of suspension. This is the Administrative License Revocation (ALR) process, and it moves much faster than the criminal case.
You generally have 15 days from receiving the notice to request an ALR hearing. Without a request, the suspension typically begins automatically 40 days after the notice was served.
Hearings are held before an administrative law judge with the State Office of Administrative Hearings (SOAH). They can also give us an early opportunity to question the arresting officer under oath.
If a suspension does take effect, you may qualify for an occupational driver’s license that allows driving for work, school, and essential household duties.
Punishment depends on your record, your alleged blood alcohol level, and the circumstances of the arrest. These are the ranges the law allows, not what will necessarily happen in your case.
| Offense | Classification | Possible jail or prison | Maximum fine |
|---|---|---|---|
| First DWI | Class B misdemeanor | 72 hours to 180 days | $2,000 |
| First DWI, BAC 0.15+ | Class A misdemeanor | Up to 1 year | $4,000 |
| Second DWI | Class A misdemeanor | 30 days to 1 year | $4,000 |
| DWI with a passenger under 15 | State jail felony | 180 days to 2 years | $10,000 |
| Third or subsequent DWI | Third-degree felony | 2 to 10 years | $10,000 |
A conviction can also bring license suspension, ignition interlock requirements, probation conditions such as DWI education classes, and higher insurance costs.
A police report tells one side of the story. We gather the records, video, and lab data to test every claim the officer made.
Police need reasonable suspicion to pull you over. If the stop was unlawful, evidence gathered afterward may be suppressed.
The horizontal gaze nystagmus, walk-and-turn, and one-leg-stand tests must follow standardized procedures. Fatigue, footwear, uneven pavement, and medical conditions all affect the results.
We review breath-instrument maintenance and operator certification records, blood-draw procedures, chain of custody, warrant affidavits, and crime-lab analysis.
Video often contradicts the written report, showing steady driving, clear speech, or test instructions that were given incorrectly.
Frisco sits in two counties, so the court that hears your case depends on where the arrest happened. Misdemeanor DWIs from the Collin County side are prosecuted by the Collin County District Attorney’s Office in the County Courts at Law in McKinney. Arrests on the Denton County side go to the County Criminal Courts in Denton. Felony DWI cases are heard in each county’s district courts.
Each courthouse has its own procedures, bond conditions, and expectations. We prepare you for every setting, appear with you, and keep you informed about what comes next, whether that’s negotiating a dismissal or reduction, pursuing a pretrial program, or taking your case to a jury.
For eligible first-time offenders, Texas law now allows options such as deferred adjudication and, in some cases, an order of nondisclosure to seal the record. Ask us whether you qualify.
Not if you act quickly. If you failed or refused a breath or blood test, you generally have 15 days from receiving the notice of suspension to request an ALR hearing. If no hearing is requested, the suspension usually takes effect 40 days after the notice was served.
A refusal usually leads to a longer administrative suspension than a failed test, and police may still obtain a search warrant for your blood. A refusal can also mean the State has less scientific evidence, and the suspension can still be challenged at an ALR hearing.
Usually not. A first DWI is typically a Class B misdemeanor, or a Class A misdemeanor if the alleged BAC was 0.15 or higher. It becomes a state jail felony if a passenger younger than 15 was in the vehicle.
It depends on where you were arrested. Frisco spans both Collin and Denton Counties. Misdemeanor cases go to the Collin County Courts at Law in McKinney or the Denton County Criminal Courts in Denton, and felony cases go to the district courts in those counties.
If your case is dismissed or you are found not guilty, you may be eligible for an expunction. Some first-time offenders may later qualify for an order of nondisclosure, which seals the record from most public background checks. Eligibility depends on the facts of your case.
Official agencies you may deal with during your case.
The sooner we start, the more options you have. Tell us what happened, and Al will personally review your situation.
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